Key Benefits:
The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:
Article 1 of Law No. 84-594 of 12 July 1984 on the training of officials of the territorial civil service reads as
: Art. 1. -Vocational training throughout life in the territorial civil service includes:
" 1 ° Integration and professionalization training, defined by the specific statutes, which includes:
" (a) Actions Promoting integration into the territorial civil service, given to agents of all categories;
" (b) Professionalization actions, which are provided throughout the career and on the occasion of the assignment in a position of Responsibility;
" 2 ° Development training, delivered in the course of a career at the request of the employer or agent;
" 3 ° Preparation for competitions and professional examinations of the Public Service;
" 4 ° Personal training followed by the agent;
" 5 ° Action to combat illiteracy and to learn French.
" A decree in the Council of State specifies the types of training likely to be preceded, At the request of the officer, a balance sheet and the terms and conditions of the officer.
" Every officer of the territorial public service occupying a permanent job receives an individual training booklet. This booklet traces the training and balance sheets of skills that the agent is entitled to, under the conditions laid down by decree. "
Section 2 of Law No. 84-594 of 12 July 1984 reads as follows:
" Art. 2. - Territorial officials shall be required to follow the training measures referred to in Article 1 of Article 1
Without prejudice to the application of the provisions on individual right to training provided for in Article 2-1, the Territorial agents shall enjoy the other training measures referred to in Article 1, under the conditions laid down in this Law and subject to operational requirements. The territorial authority may not refuse two successive refusals to an official requesting the benefit of these training actions only after the opinion of the Joint Administrative Committee. "
After section 2 of Act No. 84-594 of 12 July 1984, are inserted two Articles 2-1 and 2-2 thus written:
" Art. 2-1. -I.-Any officer of the territorial civil service occupying permanent employment shall be entitled to an individual right to vocational training of 20 hours per year. For part-time and non-full-time employees, this duration is calculated pro rata temporis.
" Fees earned annually may be cumulative over a period of six years. At the end of that period and in the absence of its use in whole or in part, the individual right to vocational training shall remain fixed at one hundred and twenty hours
II. -The individual right to vocational training shall be implemented at the initiative of the agent in agreement with the territorial authority. In order for the agent to assert this right, the training measures which he proposes to take must be included in the training plan provided for in Article 7 and be submitted to the 2 ° or 3 ° section of Article 1. Only the action taken at the request of the agent shall be based on the hours credit referred to in the I of this
. Where, for two successive years, the officer and the territorial authority disagree on the training action Requested by the agent, the agent has a priority of access to equivalent training activities organised by the National Centre for Territorial Civil
. III. -The territorial authority shall determine, after the opinion of the Joint Technical Committee, whether and under what conditions the individual right to vocational training may be exercised in whole or in part during working time. Where training is provided outside of working time, the territorial authority shall pay the officer a training
. IV. -The costs of training shall be borne by the territorial
. A decree of the Council of State shall lay down the procedures for the application of this
. Art. 2-2. -It may be taken into account professional training and balance sheets which the agent enjoys throughout his career in accordance with Article 1 to reduce the duration of compulsory trainings provided for in the 1 ° of the same article Or, under the conditions laid down in the particular statutes, for access to a grade, body or framework of employment by means of internal promotion. "
Section 3 of Act No. 84-594 of 12 July 1984 is thus amended:
1 ° The second paragraph reads as follows:
" In accordance with the conditions laid down in the specific statutes of the employment managers, the Employees who are subject to training provided for in Article 1 of Article 1 shall, on their request, be exempted from part of that training when they have previously attended or undergo training attested by a diploma or diploma recognised by The state or because of the recognition of their professional experience. " ;
2 ° The third paragraph is deleted;
3 ° The first sentence of the fourth paragraph reads as follows:
" The following official or who has followed the trainings provided for by a special status and before taking office may be Subject to the obligation to serve in the territorial civil service. "
The first paragraph of Article 5 of Law No. 84-594 of 12 July 1984 reads as follows:
" An official who benefits from a training action provided for in 4 ° of Article 1 or is engaged in A procedure for validating acquired experience may, as such, benefit from a leave of absence or a partial discharge of service. "
After the 6 ° of Article 57 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service, a 6 ° bis and a 6 ° ter thus written:
" 6 ° bis To Leave for experience validation fillet;
" 6 ° ter On leave for assessment of skills; ".
Article 7 of Act No. 84-594 of 12 July 1984, as amended:
1 ° In the first paragraph, the words: Which provides for the projects for training actions corresponding to the medium-term objectives for the training of agents' Are replaced by the Words: " Annual or multiannual, which determines the programme of training actions provided for in accordance with the 1 °, 2 ° and 3 ° of Article 1 " ;
2 ° The second paragraph is deleted;
3 ° At the beginning of the third paragraph, the word " He " Is replaced With the words: " The training plan ".
The first paragraph of Article 8 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service is supplemented by the following words: , representative instance of the Territorial public service ".
Article 9 of Act No. 84-53 of 26 January 1984 is thus amended:
1 ° The first paragraph shall be supplemented by the following words: And draft orders made under the conditions laid down in Article 38 of the Constitution " ;
2 ° The fifth paragraph is supplemented by a sentence so worded:
" To this end, the The national centre of the territorial civil service, as well as the territorial authorities and their public institutions, shall be obliged to provide it with the documents, statistics and information which it requests in the course of the studies and Statistics he drives. " ;
3 ° The last two paragraphs are deleted.
After Article 10 of Law No. 84-53 of 26 January 1984, supra, Inserted a Article 10-1 worded as follows:
" Art. 10-1. -Members sitting in the Higher Council of the Territorial Civil Service as representatives of the territorial authorities form a college of territorial public employers which is consulted by the Government on Any questions relating to wage policy or territorial public employment. "
I. -In the title of Section 2 of Chapter II of Law No. 84-53 of 26 January 1984, the words: And Management centres " Are deleted.
II. -Section 12-1 of the Act reads as follows:
" Art. 12-1. -I.-The National Centre for Territorial Civil Service is responsible for the training missions defined in Article 11 of Law No. 84-594 of 12 July
. It also provides:
" 1 ° Implementation of the procedures for Recognition of the professional experience provided for in the fourth paragraph of Article 36 of this Law and in the second paragraph of Article 3 of Law No. 84-594 of 12 July 1984;
" 2 ° The follow-up of the applications, of which it is seized, of Validation of the acquis of the experience presented in the framework of the provisions of Act No. 2002-73 of 17 January 2002 on social modernisation, as well as requests for the balance sheet of powers provided for in Article 1 of Act No. 84-594 of 12 July 1984 Supra;
" 3 ° Management of the Observatory for the employment, trades and skills of the territorial civil service, as well as the national directory of the management jobs listed in Articles 47 and 53;
4 ° Management of its Personal. It shall be required to communicate the vacancies and job creation to which it carries out the management centre referred to in Article 18.
" II. -The National Centre for Territorial Civil Service is responsible for the following missions for category A officials mentioned in Article 45 and the territorial engineers in chief:
" 1 ° The organisation of competitions and examinations Professionals provided for in Article 39 and paragraph 2 of Article 79. The President of the National Centre for Territorial Civil Service shall determine the number of posts open, check the nature of the tests and establish, at the national level, the list of candidates admitted;
" 2 ° Advertising of creations and holidays of the Jobs to be provided to them by management centres and the management of the National Job Exchange;
" 3 ° The assumption, under the conditions laid down in Articles 97 and 97 bis, of the temporary private officials Jobs;
" 4. The reclassification, as provided for in Articles 81 to 86, of officials who have become unfit for the performance of their duties;
5. The management of the staff it takes care of under Article 97. "
Article 12-2 of Law No. 84-53 of 26 January 1984 is thus amended:
1 ° In the 3 °, the words:" Royalties for " Are replaced by the words: " Products of " ;
2 ° 8 ° is thus written:
" 8 ° The product of the benefits carried out in the framework of the procedures referred to in Article 12-1. "
I. -Section 3 of Chapter II of Act No. 84-53 of 26 January 1984 referred to above becomes Section 4 of the same Chapter.
II. -After section 12-4 of the Act, a section 3 entitled: Management Centers ".
Article 14 84-53 of 26 January 1984, as amended:
1 ° In the third paragraph, the reference: 27 " Is replaced by the reference: " 21 " ;
2 ° The last six paragraphs are replaced by the following nine paragraphs:
" Management centres are organised, at regional or interregional level, for the performance of their missions. They shall draw up a charter for this purpose, which shall designate one of them as a focal point for their coordination and shall determine the arrangements for the performance of the tasks which the management centres decide to manage jointly. These include, except for the overseas regions and subject to the provisions of Article 12-1:
" -the organisation of professional competitions and examinations for category A jobs;
-advertising of Creation and vacation of category A jobs;
" -the assumption, under the conditions laid down in Articles 97 and 97 bis, of category A officials who are temporarily deprived of jobs;
' -the reclassification, according to the modalities Articles 81 to 86, category A officials who have become unfit for the performance of their duties.
" The management centres conclude agreements between them which lay down the arrangements for the joint implementation of their missions and Reimbursement of the corresponding expenses. Specific conventions can be concluded between management centers in domains not covered by the policy.
" The management centres referred to in Articles 17 and 18 and the management centre of Seine-et-Marne define the conditions The organization of the missions referred to in the fifth to eighth paragraphs of this
. The Charter shall be transmitted to the representative of the State in the region, on the initiative of the coordinating management centre, within six months from the date of the Publication of Law No. 2007-209 of 19 February 2007 on the territorial civil service. Failing transmission within this period, the management centre of the regional headquarters of the region shall become the focal point and shall be responsible for carrying out the tasks listed in the fifth to eighth paragraphs.
" In the overseas regions and in Mayotte, the missions of the coordinating centre are provided by the department's management centre and the management centre of Mayotte, respectively. "
After the first sentence of the fourth paragraph of Article 15 of Act No. 84-53 of 26 January 1984, it is Inserted a passphrase:
" The departments and regions may also join the management centres for the only officers appointed for the purposes of Article 109 of the Law n ° 2004-809 of 13 August 2004 on local freedoms and responsibilities for the reception of workers and service personnel performing their duties at colleges or high schools. "
I. -After the first paragraph of Article 22 of Law No. 84-53 of 26 January 1984 referred to above, it shall be inserted as
: Where departments or regions have voluntarily affiliated themselves with Management centres, in accordance with the second sentence of the fourth paragraph of Article 15, for the workers and service personnel employed in the colleges and secondary schools, the contribution shall be based on the mass of remuneration paid To these agents only. "
II. -After Article 22 of the same Law, an Article 22-1 shall be inserted as
: Art. 22-1. -I.-The charges resulting, for each management centre, from the transfer by Law No. 2007-209 of 19 February 2007 of the aforementioned missions carried out by the National Centre of the Territorial Civil Service and listed at 1 °, 5 ° and 6 ° Of Article 23 shall be the subject of financial compensation to the charge of the National Centre for Territorial Civil Service, for an amount equivalent to the expenditure incurred by it in respect of the powers transferred
II. -Agreements concluded between the Centre national de la fonction publique territorial and, on behalf of the management centres, the focal centres determine the terms and conditions of the transfers of the missions listed in the I and the Transfers of personnel accompanying them. They set out the financial compensation that flows from these various transfers. These conventions also take into account the charges resulting from previous transfers of powers pursuant to Article 11 of Act No. 94-1134 of 27 December 1994 amending certain provisions relating to the civil service Territorial. Such agreements shall be transmitted within two months of their signature to the Minister responsible for territorial
. In the absence of transmission within one year of the publication of a decree providing for a The type agreement, the terms of the transfer and the amount of the financial compensation to be paid by the National Centre for the Territorial Civil Service shall be determined by decree. "
Section 23 of Act No. 84-53 of January 26, 1984, supra, reads as follows:
" Art. 23. - I.-The management centres shall ensure, within their competence, a general information mission on territorial public employment, including the employment of persons with disabilities, for all the communities and public establishments mentioned in Article 2, territorial agents and candidates for territorial public employment. They shall establish, inter alia, on the basis of the information to which they are addressed pursuant to Article 23-1, an assessment of the situation of the territorial public employment and the management of human resources in their jurisdiction and to draw up Medium-term prospects for the development of this employment, skills and recruitment needs. These documents are brought to the attention of the Joint Technical
. II. -The management centres shall ensure for their officials, including those referred to in Article 97, and for all officials of the territorial and affiliated public authorities, the following missions, subject to reservation Of the provisions of Article 12-1:
" The organisation of competitions of categories A, B and C provided for in Article 44 and the professional examinations provided for in Articles 39 and 79, as well as the establishment of lists of competence in application of Sections 39 and 44;
" 2 ° Advertising of lists of proficiency established pursuant to Articles 39 and 44;
" 3 ° The advertising of creations and vacancies in categories A, B and C;
" 4 ° Advertising of established progress tables Pursuant to section 79;
" 5 ° The assumption, under the conditions laid down in Articles 97 and 97 bis, of officials temporarily deprived of employment in categories A, B and C;
' 6 ° The reclassification, as provided for in the Sections 81 to 86, employees who have become unfit for the performance of their duties, categories A, B and C;
" 7 ° Assistance to employees looking for a job after a period of availability;
" 8 ° The functioning of the councils Discipline of appeal provided for in Article 90 bis;
" 9 ° The functioning of the joint administrative committees and the disciplinary councils in the cases and conditions laid down in Article 28;
10 ° The functioning of committees Joint techniques in the cases and conditions set out in Article 32;
" 11 ° Management of service activity discharges provided for in Article 100;
" 12 ° For territorial and public authorities with less than 50 officers, operations relating to special absence authorisations in the case provided for in Article 59.
" III. -Management centres shall provide for all the communities and institutions referred to in Article 2 the tasks listed in the 2 °, 3 °, 5 °, 6 ° and 8 ° of II of this Article, as well as the organisation of professional competitions and examinations Access to categories A and B jobs in the administrative, technical, cultural, sports, animation and municipal police sectors. "
After Article 23 of Law No. 84-53 of 26 January 1984, it is inserted a Article 23-1 worded as follows:
" Art. 23-1. -The communities and public institutions referred to in Article 2 shall be required to communicate to the management centre in which they are located:
" 1 ° Job creation and vacancies, barely illegality of appointments;
" 2 ° Appointments made pursuant to Articles 3, 38, 39, 44, 51, 64 and 68;
" 3 ° The progress tables established pursuant to section 79 and, for communities and institutions of more than three hundred and fifty agents Full-time holders and trainees, the ability lists established pursuant to section 39; and
" 4. Applications and proposals for recruitment and assignment, which may be carried out in accordance with the second subparagraph of Article 25. "
Article 24 of Law No. 84-53 of 26 January 1984, cited above, reads as follows:
" Art. 24. - Management centres may carry out any tasks relating to the retirement and invalidity of officers on behalf of the local authorities and their public
. Management centres are empowered to collect, To process and transmit to pension plans, on behalf of territorial and public institutions, career data and agent contributions. They assist pension plans in the implementation of the right to information of assets on their pension rights. The arrangements and conditions for the financial management of these interventions by pension schemes are laid down by decree in the Council of State. Until this Order is published, the terms and conditions set out in agreements between management centres and pension plans are applicable. "
Section 25 of Act No. 84-53 of January 26, 1984, supra, reads as follows:
" Art. 25. - Management centres may carry out any administrative tasks relating to the officers of the communities and institutions, at the request of these communities and institutions
They can make agents available to communities and Institutions that request it for the replacement of temporarily unavailable agents or for temporary assignments. They may also make officials available to communities and institutions for the purpose of assigning them to permanent full-time or non-complete missions.
" The costs of carrying out these tasks shall be Financed under the conditions laid down in the seventh paragraph of Article 22.
" Management centres can provide advice on the implementation of health and safety rules through the provision of function officers Inspection of the territorial and public authorities which so request. This mission is the subject of an agreement with the recipient community to define the terms of its financial support.
" Where, under the provisions of the preceding paragraphs, the needs of the communes of less than 3,500 Residents and public institutions of inter-communal cooperation composed exclusively of communes in this category permit the recruitment of a non-full time agent and for a cumulative period of service at least equal to half of the Legal working time, management centres may recruit for a longer period of time and make the officer, with the agreement, for the time remaining available, available to one or more private employers with whom he or she may To carry out any activity compatible with its public employment with regard to the rules on the ethics of public officials. This provision is the subject of a convention which provides for reimbursement by the private employer (s) at the salary and expense management centre in proportion to the time spent at the employer's office or service. The provision provided for in this paragraph shall not be possible with a company in which the agent or the mayors of the municipalities concerned have interests.
" Management centres can ensure the management of social action and Social services in favour of the officers, in any category they belong to, of the communities and institutions that request it. They may, on behalf of the communities and institutions of their jurisdiction, subscribe to framework contracts for the benefit of mutual social action and benefits in the fields of health And foresight.
" Communities and public institutions may accede to these contracts by deliberation after signing an agreement with the management centre of their jurisdiction.
" By convention, management centers can Administrative management of the time savings accounts of affiliated and non-affiliated communities and public institutions. They may also assign agents to replace staff on leave in this capacity. "
The first sentence of the fifth paragraph of Article 26 of Law No. 84-53 of 26 January 1984 is completed With the words: " , together with equivalent provisions covering the risks applicable to non-incumbent agents ".
After Article 26 of Law No. 84-53 of 26 January 1984, it is inserted a Article 26-1 worded as
: Art. 26-1. -Management centres may establish preventive medicine services or professional risk prevention services, which are made available to local authorities and their public institutions. Request. "
I. -Article 27 of Act No. 84-53 of 26 January 1984 referred to above becomes Article
. Article 27 of the same law is thus reinstated:
" Art. 27. - The coordinating management centre provided for in Article 14 shall bring together once a year at least one conference involving the management centres and representatives of the unaffiliated communities. The purpose of this conference is to ensure coordination of the exercise by them of their missions in the field of territorial public employment and the organisation of recruitment
. Regional or interdepartmental delegations of the Centre National of the territorial civil service as well as representative trade union organisations at national level and sitting in the Higher Council of the Territorial Civil Service shall participate in this conference for any question relating to the Training of Territorial Officers. "
After Article 27 of Law No. 84-53 of 26 January 1984, it is inserted a Article 27-1 worded as follows:
" Art. 27-1. -A national conference brings together, at least once a year, all the coordinators' management centres. "
The second sentence of the first paragraph of Article 28 of Law No. 84-53 of 26 January 1984 is supplemented by The words: " , as well as the establishment of the lists of proficiency referred to in Article 39 ".
Article 3 of Law No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service is supplemented by a paragraph worded as follows:
" When These officers are recruited for new employment within the same community or establishment, the territorial authority may, by express decision, and in the interest of the service, maintain them the benefit of the expected indefinite duration The contract of which they were holders, if the new functions defined in the contract are of the same nature as those previously performed. "
Article 136 of Act No. 84-53 of 26 January 1984 is supplemented by a sentence and three sub-paragraphs thus written:
" It also determines the conditions under which non-incumbent agents Benefiting from an indefinite contract shall be liable to see their remuneration evolve within the territorial community and the public establishment referred to in Article 2 which employs them and may, for functions of the same nature That those exercised in the territorial community or the public establishment and in accordance with sub-section 2 of section 1 of Chapter V be made available:
1 ° For employees employed by a territorial community, A public institution connected to it, of a public institution of inter-communal cooperation of which it is a member or of a public institution connected with the public institution of inter-communal cooperation of which it is a member;
" 2 ° For agents employed by a public institution, to the municipality to which it is attached;
" 3 ° For agents employed by a public institution of inter-communal cooperation, with one of the communes which is a member or of One of the public institutions attached to it. "
After the second paragraph of Article 29 of Law No. 84-53 of 26 January 1984, it is inserted a paragraph Written:
" The Chairman of the Commission may designate the Director General of the Services or his representative or, where the Joint Administrative Committee is placed with a management centre, the Director General of the Management Centre or His representative to attend the meeting of the Joint Administrative Committee. "
After the first paragraph of Article 32 of Law No. 84-53 of 26 January 1984 referred to above, two paragraphs shall be inserted. Thus written:
" It may also be decided, by concurring deliberations of the legislative bodies of a community of communes, of a community of agglomeration or of an urban community and of the communes belonging to that community, of To establish a competent Joint Technical Committee for all servants of those communities where the total number of staff concerned is at least fifty
. Members of these joint technical committees shall be appointed under conditions Fixed by decree. "
Section 33 of Act No. 84-53 of January 26, 1984, supra, is thus amended:
1 ° In 3 °, after the words:" Staff "shall be inserted in the words" And to the training plan provided for in Article 7 of Law No. 84-594 of 12 July 1984 referred to above. ;
2 ° The third sentence of the penultimate paragraph reads as follows:
" It includes the balance sheet of Recruitment and advancement, training actions, requests for part-time work, and the conditions under which the community or institution respects its obligations with respect to the right to organize. "
Section 36 of Act No. 84-53 of 26 January 1984 is thus amended:
1 ° The second paragraph of 1 ° is Thus written:
" These competitions may, under the conditions laid down in the special statutes, be organised either on tests or on titles for access to jobs, jobs or bodies where the jobs in question require a Experience or prior training. In addition to the examination of qualifications and diplomas, the competitions on securities shall consist of one or more tests. " ;
2 ° In 2 °, after words: " And public institutions " shall be inserted as follows: And to members of the military and the judiciary " ;
3 ° The sixth paragraph is deleted;
4 ° The seventh paragraph is replaced by a 3 ° thus written :
" 3 ° A third competition, for access to certain jobs, under the conditions laid down by their special status, open to candidates justifying the exercise of one or more activities for a specified period of time Members of an elected assembly of a territorial community or of one or more activities as the person responsible for an association. The duration of such activities or mandates may be taken into account only if the persons concerned did not, when exercising them, have the status of civil servant, judge, military officer or public official. The specific statutes shall determine the nature and duration of the activities required and the proportion of places offered in these competitions in relation to the total number of places offered for access by competition to the relevant posts. These competitions are organised on events. " ;
5 ° This paragraph is added as follows:
" The subjects, programmes and procedures for the conduct of the competitions referred to in the 1 °, 2 ° and 3 ° shall be fixed at national level by the regulatory means. These competitions take into account the responsibilities and capacities required, as well as the remuneration corresponding to the jobs, jobs or bodies to which they provide access. The tests of these competitions may take into account the professional experience of the candidates. "
After the first sentence of the seventh paragraph of Article 38 of Law No. 84-53 of 26 January 1984, it is Inserted a passphrase:
" Where recruitment is carried out in a framework of employment requiring the completion of schooling under the conditions laid down in Article 45, the duration of the contract shall correspond to the duration of that education Increased the duration of the traineeship provided for by the special status of the employment framework in which the persons concerned are entitled to be granted tenure. "
Section 39 of the Act No. 84-53 of 26 January 1984 is thus amended:
1 ° 2 ° is thus written:
" 2 ° Registration on a list of qualifications established after the opinion of the competent Joint Administrative Committee, by assessment of the professional value and the acquis of the professional experience of the agents. " ;
2 ° At the beginning of the fifth paragraph are inserted the words: " Subject to the second sentence of the first subparagraph of Article 28, ".
The last sentence of the fourth paragraph of Article 44 of Law No. 84-53 of 26 January 1984 reads as follows:
" The three-year period shall be suspended during the period of leave Parental care, maternity, adoption, parental presence and support for a person at the end of their life, as well as the long-term leave provided for in the first subparagraph of Article 57 (4) and the fulfilment of the obligations of the service National. "
After the first paragraph of Article 49 of Law No. 84-53 of 26 January 1984, it is inserted a paragraph Written:
" The maximum number of employees belonging to one of the jobs or bodies governed by this Act, with the exception of the employment framework of the municipal police officers, who may be promoted to one of the ranks Framework of employment or of this body shall be determined by applying a rate of promotion to the staff of officials fulfilling the conditions for this promotion of grade. This rate of promotion shall be fixed by the deliberative assembly after the opinion of the Joint Technical Committee. "
Article 51 of Law No. 84-53 of 26 January 1984 is supplemented by a paragraph worded as follows:
" When The transfer occurs within three years of the appointment of the officer, the territorial community or the public reception institution shall pay compensation to the territorial community or to the public institution of origin, On the one hand, the remuneration received by the agent during the compulsory training time provided for in 1 ° of Article 1 of Law No 84-594 of 12 July 1984 and, on the other hand, the cost of any further training, if any, By the agent during these three years. In the absence of an agreement on the amount of such compensation, the territorial community or the public host institution shall reimburse all expenses incurred by the territorial community or the public establishment of origin. "
I. -Section 53 of Act No. 84-53 of 26 January 1984 is thus amended:
1 ° The fourth paragraph reads as follows:
" -Director General of Services, Deputy Director General, Services of communes with more than 2 000 inhabitants; "
2 ° In the fifth paragraph, the number:" 20,000 " Is replaced by the number: " 10,000 " ;
3 ° In the sixth paragraph, the number: " 20,000 " Is replaced by the number: " 10,000 " ;
4 ° In the seventh paragraph, the number: 80,000 " Is replaced by the number: " 10,000 ".
II. -Article 36 of Law No. 82-1169 of 31 December 1982 on the administrative organisation of Paris, Marseilles, Lyon and the public institutions for inter-communal cooperation is thus amended:
1 ° The second paragraph reads as follows:
" The Director General of Services and the Deputy Directors General of the Services of the City Hall shall be appointed by the Mayor of the commune, on the proposal of the Mayor, in accordance with Articles L. 2511-1 to L. 2513-6 of the Code. General of the local authorities. Their duties are terminated under the same conditions. The first and last paragraphs of Article 53 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service apply to agents occupying such jobs, under conditions and under reservations Fixed by decree in the Council of State. " ;
2 ° In the fourth paragraph, the words: " Secretaries-General " Are replaced by the words: " Service Assistant Directors General and Service Assistant Directors General ".
In Article 68 of Law No. 84-53 of 26 January 1984, cited above, after the reference: Of Title II ' shall be inserted The words: " And Title IV ".
Article 64 of Act No. 99-586 of 12 July 1999 on strengthening and Simplification of inter-municipal cooperation is supplemented by a paragraph worded as follows:
" This provision shall also apply to officers assigned to mixed trade unions who have the benefits referred to in the first paragraph of the The employment they had previously held in a commune or a public institution of inter-communal cooperation which is a member thereof. "
The last paragraph of Article L. 5211-41-3 of the General Code of Local and Regional Authorities is completed by A sentence so written:
" The agents shall retain, if they are interested, the benefit of the indemnity plan applicable to them and, on an individual basis, the benefits acquired under the third paragraph of Article 111 of the Act N ° 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service. "
Section 77 of Act No. 84-53 of 26 January 1984 is thus amended:
1 ° In the second paragraph, after The words: " With a ", are inserted the words:" Making available or " ;
2 ° After the second subparagraph, a paragraph shall be inserted as follows:
" For the purposes of this Article, the agent shall be considered to be A total discharge of service provided that the discharge for the service activity of which it has the effect, if any, after exhaustion of all or part of its individual rights of absence pursuant to the 1 ° and 2 ° of Article 59 or leave in Application of the 1 ° and 7 ° of Article 57, to release him from the balance of the service obligations to which he remains held. "
In the third paragraph (1 °) of Article 79 of Law No. 84-53 of 26 January 1984, supra, after the words: Professional value ", are inserted the words:" Professional experience ".
Article 89 of the Act No. 84-53 of 26 January 1984, as amended:
1 ° In the eleventh paragraph, the words: " Six months " Are replaced by the words: " Two years " ;
2 ° In the last sentence of the sixteenth paragraph, the words: " Warning or reprimand " Are replaced by the words: " Those provided for in the first group ".
The first paragraph of the I of the Article 97 of the aforementioned Law No. 84-53 of 26 January 1984 is supplemented by the following sentence:
" The change in the number of hours of weekly service in respect of a non-full time permanent job is not equated with the deletion of a Employment with an equal service time, where the change does not exceed 10 % of the hours of service in respect of the employment in question and where it does not have the effect of losing the benefit of the affiliation to the National Fund for Pensions for local community workers. "
Article 100 of Law No. 84-53 of 26 January 1984 is thus amended:
1 ° After the second subparagraph, it Is inserted a paragraph worded as follows:
" Where a trade union organisation is entitled to make available to one or more officials under the second subparagraph and that provision is not made, the trade union organization shall A sum equal to the cost of the net remuneration of a number of agents corresponding to that of the non-delivered making available. The corresponding financial burden shall be levied on the specific appropriation referred to in the second subparagraph. This amount cannot under any circumstances be used to finance staff costs. " ;
2 ° The sixth paragraph is thus written:
" A decree of the Council of State shall lay down the conditions for the application of this Article. "
After Article 111 of Law No. 84-53 of 26 January 1984, it is inserted an Article 111-1 worded as follows:
" Art. 111-1. -The benefits acquired under the third paragraph of Article 111 may be maintained on an individual basis when assigning an agent:
" 1 ° A territorial community to a public institution that is attached to it, by Deliberating the deliberative body of the public institution in which the agent is assigned;
" 2 ° D' un institution public vers sa collectivterritorial de attachment, par délibération de l' audience deliberante de la collectiv� dans Which the agent is assigned.
I. -Chapter XIII of Law No. 84-53 of 26 January 1984, above, becomes Chapter XIV of the same
. -After section 108 of the Act, a Chapter XIII is reinstated as follows:
"Chapter XIII
" Health, Safety and Preventive Medicine
" Art. 108-1. -In the services of the communities and establishments referred to in Article 2, the rules applicable to hygiene and safety shall be those laid down in Title III of Book II of the Labour Code and by the decrees adopted for its Application. However, derogations may be made by decree in the Council of State.
" Art. 108-2. -The services of the communities and establishments referred to in Article 2 shall have a preventive medicine service, either by establishing their own service or by joining the health services at work interenterprises or A common service to several communities or to the service created by the management centre. The expenses resulting from the application of this paragraph shall be borne by the communities and institutions concerned. The service is consulted by the territorial authority on measures to improve the general hygiene of premises, the prevention of accidents and occupational diseases and health
. The preventive medicine service is The task of avoiding any alteration in the health of the agents by virtue of their work, in particular by monitoring the conditions of hygiene of the work, the risks of contagion and the health of the agents. For this purpose, the officers shall be subject to medical supervision and shall be subject to a medical examination at the time of recruitment and to a periodic medical examination, the frequency of which shall be fixed by decree in the Council of
. Art. 108-3. -The territorial authority shall designate, in the services of the communities and establishments referred to in Article 32, the enforcement officers responsible for the implementation of the health and safety
. The loaded agent To assist the territorial authority may be made available, for all or part of its time, by a municipality, the public institution of inter-communal cooperation of which the municipality is a member, or the management centre. The agent then carries out his duties under the responsibility of the territorial authority to which he is made available.
Law No. 84-53 of 26 January 1984 laying down provisions As amended:
1 ° After the first subparagraph of Article 7-1, a paragraph shall be inserted as follows: '
' An order in Council of State determines the conditions of application of the first Paragraph. This Decree provides for the conditions under which financial compensation may be proposed to an officer holding an open holiday entitlement effective six months after the promulgation of Law No. 2007-209 of 19 February 2007 on the function Territorial public and not used at the end of a period that this decree determines, where the territorial authority considers this term to be in accordance with the interests of the service. " ;
2 ° In Article 28:
(a) In the last sentence of the first subparagraph, the word " Second " Is replaced by the word: " Third " ;
(b) In the second sentence of the second subparagraph, the word " Second " Is replaced by the word: " Last " ;
3 ° In the fourth paragraph of Article 80, the words: " And to the completion of the employment training provided for in Article 1 (2) of Act No. 84-594 of 12 July 1984 referred to above. Are deleted;
4 ° In item 97 :
(a) The second sentence of the first subparagraph of the I is replaced by two sentences written:
" The President of the management centre in whose jurisdiction the community or institution is located shall be delivered at the same time as the Representatives of the Joint Technical Committee, of the Minutes of the sitting of the Joint Technical Committee on the elimination of employment. If the official concerned falls within a framework of employment referred to in Article 45 or the rank of chief engineer of the employment framework of territorial engineers, this document shall be communicated to the regional or interdepartmental delegate of the National Centre for the Territorial public service. " ;
(b) The sixth sentence of the same paragraph reads as follows:
" At the end of that period, the official shall be taken over by the management centre in whose jurisdiction the community or institution is located, or by the National Centre for the Territorial public service if it falls within the scope of a framework of employment referred to in section 45 or the rank of chief engineer of the territorial engineers' employment framework. " ;
(c) The first paragraph of II is supplemented by a sentence so worded:
" For civil servants in the same categories in Mayotte, these proposals must be in Mayotte. " ;
5 ° After the words: " Has been deleted, the end of the first sentence of the first subparagraph of Article 97 bis reads as follows: Or that is in the situation provided for in the third paragraph of Articles 67 or 72 The community or institution that previously employed the individual. " ;
6 ° In the III of Article 119, the references: , L. 417-26 to L. 417-28, " And the words: " And that in Article L. 417-27, the words'common staff union' shall be replaced by the words' management centre ' Are deleted ;
7 ° In the second paragraph of Article 136, the words: L. 417-26 to L. 417-28 and " Are deleted.
In Article 48 of Act No. 88-13 of 5 January 1988 for the improvement of decentralisation, the word: Third " Is replaced by the word: " Fourth ".
Law No. 84-594 of 12 July 1984 on the training of officials of the territorial public service is thus amended:
1 ° In Article 4:
(a) In the first paragraph, the words: Subject to a, b and D of 2 ° " Are replaced by the words: " Mentioned at 1 °, 2 ° and 3 ° " ;
(b) In the second paragraph, the words: " Referred to in the 2 ° " Are replaced by the words: " Mentioned at 2 ° " ;
2 ° In Article 6a, references: " At 1 ° and B and c of 2 ° " Are replaced by references: " 2 °, 3 ° and 4 ° " ;
3 ° In Article 11:
(a) In the third paragraph, the words: " Initial pre-appointment or, where applicable, appointment to the Public Service Territorial " Are replaced by the words: " Under 1 ° of Article 1 " ;
(b) In the fourth paragraph, the words: " Adaptation to employment " Are replaced by the words: " Provided for in the 1 ° of Article 1 " ;
c) After The tenth paragraph shall be inserted as follows: '
' It also ensures the transmission to the Higher Council of the territorial civil service of an annual qualitative and quantitative assessment of the implementation of the individual right to the Vocational training provided for in Article 2-1. " ;
4 ° In Article 14:
(a) In the first sentence of the first subparagraph, the words: Initial training " Are replaced by the words: " Training provided for in Article 1 (1) ' ;
(b) The last sentence of the first subparagraph is Deleted;
5 ° In Article 23:
(a) In the fifth paragraph, references: " L. 920-2 and L. 920-3 of book IX. Are replaced by references: " L. 920-4 and L. 920-5 ;
b) The 3 ° is repealed;
6 ° In Article 24, the Reference: " To a and d of 2 ° " Is replaced by the reference: " At 1 ° " ;
7 ° In Article 25, references: " In the first subparagraph at 2 ° and 3 ° ' Are replaced by the reference: " At 2 ° ", and references:" 1 °, 2 ° and 3 ° " Are Replaced with references: " 1 ° and 2 ° ".
After Article 7 of Law No. 84-834 of 13 September 1984 on the Age limit in the public service and the public sector, an Article 7-1 reads as follows: '
' Art. 7-1. -By way of derogation from Article 1, public servants or contracts governed by public law exercising, by way of direct recruitment, the functions listed in the second and third paragraphs of Article 47 of Act No. 84-53 of 26 January 1984 Statutory provisions relating to the territorial civil service which have reached the age limit may request to be kept in operation until the renewal of the deliberative assembly of the territorial community or body Deliberating from the public institution that employs them if such renewal occurs within 18 months after the day they reach the age limit.
" Where this extension is granted, in the interest of the service, by the It must, in the case of seconded state officials, be authorized by their home administration.
" The liquidation of the retirement of the agents held in operation in Application of this Article shall take place only on the date of the termination of their extension of their activity. In this case, the cancellation of the executives and the liquidation of the pension shall be deferred to the date of termination of the duties. "
The sixth paragraph of Article 3 of Act No. 84-53 of 26 January 1984 is supplemented by the words and a Read as follows: " Or to fill the employment of town hall secretary, regardless of the length of the working time. In communes with less than 2 000 inhabitants and in groups of communes of less than 10 000 inhabitants, when the creation or removal of a job depends on the decision of an authority which is binding on the community in the field of creation, A change in the scope or discontinuance of a public service, the community may provide such employment by a non-incumbent agent. "
In Article 68 of Law No. 96-1093 of 16 December 1996 on employment in the public service and various Statutory measures, words: " Municipal police officers and field guards " Are replaced by the words: " Of the municipal police, of the country guards, of the medical and social sector whose list is fixed by decree, as well as of the Framework for employment outside the category of fire brigades of Mayotte within the meaning of Law No. 2001-616 of 11 July 2001 on Mayotte ".
Articles L. 417-26 and L. 417-27 and Article L. 417-28, with the exception of its second sentence, of the code of communes are repealed. The second sentence of Article L. 417-28 shall be deleted from the publication of the decree provided for in the second paragraph of Article 108-2 of Law No. 84-53 of 26 January 1984.
I. -This Act applies to Mayotte.
II. -After Article 112 of Law No. 84-53 of 26 January 1984, it is inserted a Rule 112-1 worded as
: Art. 112-1. -For the application of this Law to Mayotte:
" 1 ° Reference to department or region is replaced by reference to departmental community;
" 2 ° Job managers classified outside the category within the meaning of the article 64-1 of Act No. 2001-616 of 11 July 2001 relating to Mayotte is considered to be employment executives classified as C. "
III. -After Article 51 of Law No 84-594 of 12 July 1984, a Article 51-1 reads as follows: '
' Art. 51-1. -This Law shall apply to Mayotte. For this application, the reference to the department or region is replaced by the reference to the departmental community. "
Article L. 123-5 of the Code of Social Action and Families is supplemented by two sub-paragraphs thus written:
" The Transfer of the service or part of the service of the social action centres of the communes members of the public institution of intercommunal cooperation responsible for the implementation of the powers transferred to the intercommunal centre of social action in Application of the two preceding paragraphs shall be carried out under the conditions laid down in the I of Article L. 5211-4-1 of the General Code of Local and Regional
. The transfer of assets belonging to the social action centres of the member municipalities Of the public establishment of inter-communal cooperation, and necessary for the implementation of the powers transferred to the intercommunal centre of social action, shall be carried out under the conditions laid down in Articles L. 1321-1 to L. 1321-5 of the Code General of the local authorities. "
After the first subparagraph of Article L. 4424-2 of the General Code of Local and Regional Authorities, four Paragraphs thus written:
" The territorial community of Corsica ensures the reception, the restoration, the accommodation and the general and technical maintenance, with the exception of the supervision and supervision of pupils, in the Educational institutions for which it is responsible.
" It shall ensure the recruitment, management and remuneration of the technicians, workers and service personnel carrying out their duties in these establishments. Such staff shall be members of the educational community and shall contribute directly to the tasks of the public service of national education under the conditions laid down in Articles L. 421-23 and L. 913-1 of the Code of
. The second and Third paragraphs of this Article shall apply from 1 January 2005.
" Articles 104 to 111 of Law No. 2004-809 of 13 August 2004 on local freedoms and responsibilities apply to the transfer of powers provided by The three preceding paragraphs. "
The II of Article L. 5211-4-1 of the General Code of Territorial Communities is supplemented by a paragraph so worded :
" Territorial agents assigned to services or parts of services made available pursuant to this Article shall be made available to the competent territorial authority. "
Article 111 of Law No. 2004-809 of 13 August 2004 on local freedoms and responsibilities is supplemented by A paragraph that reads:
" Territorial authorities and their groups may maintain, for the benefit of the officials of the State referred to in Article 109, the benefits that they have individually acquired in the sense of Article 88 of Act No. 84-53 of 26 January 1984, cited above, as long as they perform their duties in the context of secondment or integration jobs where these benefits are more favourable than those of the community or group concerned. "
The transfer to the management centres of the missions previously assumed by the National Centre for Territorial Civil Service and listed in the 1 °, 5 ° and 6 ° of the II of Article 23 of Law No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service shall enter into force on the first day of the third month following the transmission to the Minister responsible for the territorial authorities of the last of the conventions provided for in Article 22-1 of the same law or, failing that, the publication of the decree taken in its absence. At the latest, this transfer shall enter into force on the first day of the third year following the publication of this Law.
Section L. 822-1 of the Education Code is thus amended:
1 ° In the first sentence of the fourth paragraph, after the words: " Property belonging to the State " shall be inserted as follows: Or a public institution " ;
2 ° In the second Sentence of the fifth paragraph, after the words: " To the State "shall be inserted the words:" Or, where appropriate, to the public institution ".
I. -Article L. 241-12 of the Code of Financial Jurisdictions is supplemented by two sub-paragraphs as
: The authorising officer or officer who was in office during a review period may be assisted or Be represented by the person of his or her choice, appointed at his request by the President of the Regional Board of Auditors. If the agent is a public official, his or her head of service is informed. This person may be designated for a case that she has had to know in the course of his or her duties. It shall be entitled to be informed by the territorial community or the public institution of any document, of any nature, relating to the management of the financial year
. Where the authorising officer or the officer is no longer in Functions at the time when the exercise is examined by the Regional Board of Auditors, the fees of the lawyer shall remain the responsibility of the territorial community or the public institution concerned within the limit of a ceiling fixed by decree. "
II. -Article L. 241-6 of the same Code is supplemented by a paragraph worded as follows: '
' The training conducted by the Regional Chamber of Auditors in the preparation of the provisional and confidential report shall be conducted with, in particular, The authorising officer whose management is controlled. "
The second paragraph of I of Article 6 of Act No. 90-568 of 2 July 1990 on the organisation of the service Public of the post and France Télécom is supplemented by two sentences thus written:
" The conditions under which the holders or non-holders of the territorial civil service perform all or part of their duties in the The framework of this partnership is defined by an agreement between La Poste and the territorial community or the public establishment of inter-communal cooperation under the responsibility of the agent. This convention shall specify in particular the nature of the activities which the agent is called upon to carry out. "
After the first subparagraph of Article L. 1221-1 of the General Code of Territorial Communities, it shall be inserted Paragraph thus written:
" The granting of the authorisation to the person acting in an individual capacity or who directs or manages the legal person carrying on the training activity is subject to the condition that that person has not been the subject of a Conviction of a criminal penalty or a suspended sentence of imprisonment without a stay, handed down for less than ten years and entered in the criminal record number 2 or, for foreign nationals, in an equivalent document, for Grounds that are inconsistent with the training activity. "
After the first paragraph of Article 21 of Law No. 90-1067 of 28 November 1990 on the Public Service And amending certain articles of the code of the communes, it is inserted a paragraph worded as follows: '
' The allocation of function accommodation to technicians, workers and service employees in a public institution Local education shall be the subject of a prior proposal by the Board of Directors of the institution specifying the jobs for which the owners can benefit from the allocation of accommodation, free of charge or for a fee, the Situation and the characteristics of the premises concerned. "
Technicians, workers, and service personnel who were assigned to services or parts of services Transferred to a territorial authority or a group of local authorities under the conditions laid down in Article 104 of Act No. 2004-809 of 13 August 2004 on local freedoms and responsibilities before being placed in one of the The situations provided for in Article 34 and Articles 40 bis 45, 51 and 54 of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State and which have not been made available to a Community In accordance with the conditions laid down in Article 105 of Act No. 2004-809 of 13 August 2004, at the time of their reinstatement, they were made available to the full right of the territorial authority in which they were serving in the Community. Last place, provided that such reinstatement occurs within twenty-three months from the date of entry into force of the decrees fixing the final transfers of these services or parts of services
Under the conditions laid down in this Article, benefit from the right of option provided for in Article 109 of Law No. 2004-809 of 13 August 2004.
Before the last paragraph of Article 33 of Act No. 84-53 of 26 January 1984, it is inserted as follows: "
" From the elements contained in the State of the Community Report, A negotiation is conducted between the territorial authority and the trade unions in order to promote professional equality between women and men in the areas of recruitment, remuneration, training, promotion and mobility. The territorial authority shall adopt a multi-annual plan for equal access for women and men to the senior management positions of the territorial civil service, which shall be submitted to the Joint Technical Committee. "
After Article 88 of Law No. 84-53 of 26 January 1984, it is inserted an article 88-1 read as follows:
" Art. 88-1. -The deliberative assembly of each territorial authority or the board of directors of a local public institution shall determine the type of actions and the amount of the expenditure which it intends to incur in respect of the benefits provided for in the Section 9 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, as well as the manner in which they are implemented. "
I. -After 4 ° of Article L. 2321-2 of the General Code of Local and Regional Authorities, it shall be inserted as follows: Written:
" 4 ° bis In the conditions laid down in Article 88 (1) of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service, the expenditure relating to the benefits referred to in Article 9 of the Act No. 83-634 of 13 July 1983 on the rights and obligations of officials; ".
II. -After 5 ° of Article L. 3321-1 of the same Code, it shall be inserted a 5 ° bis as follows: '
' 5 ° bis In the conditions laid down in Article 88 (1) of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the civil service Article 9 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants; ".
III. -After 5 ° of Article L. 4321-1 of the same Code, it shall be inserted a 5 ° bis as follows: '
' 5 ° bis In the conditions laid down in Article 88 (1) of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the civil service Article 9 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants; ".
In Section 41 of Order No. 2005-1527 of 8 December 2005 concerning the building permit and town planning authorities, the date: " 1 July 2007 " Is replaced by the Date: " 1 October 2007 ".
This Law shall be enforced as State Law
Done at Paris, February 19, 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of the Economy,
Finance and Industry,
Thierry Breton
The Minister of National Education,
of higher education
and research,
Gilles de Robien
The Minister of Transport, Equipment,
of Tourism and Mer,
Dominique Perben
The Minister of the Public Service,
Christian Jacob
The Minister for the Overseas,
François Baroin
The minister delegated to the
budget and state reform,
Government Spokesperson,
Jean-François Copé
Associate Minister
with Territorial Communities,
Brice Hortefeux
Industry Minister,
François Loos
(1) Preparatory work: Act No. 2007-209.
Senate:
Bill No. 155 (2005-2006);
Report by Jacqueline Gourault, on behalf of the Committee on Legislation (2005-2006);
Discussion on 14, 15 and 16 March 2006 and adoption on 16 March 2006.
National Assembly:
Bill, adopted by the Senate, No. 2972;
Report by Mr Michel Piron, on behalf of the Committee on Laws, No. 3342;
Discussion on 11 and 12 October 2006 and adoption on 12 October 2006.
Senate:
Bill, as amended by the National Assembly, No. 21 (2006-2007);
Report by Ms. Jacqueline Gourault, on behalf of the Committee on Laws (2006-2007);
Discussion and adoption on 20 December 2006.
National Assembly:
Bill, adopted with amendment at second reading by the Senate, No. 3547;
Report by Mr Michel Piron, on behalf of the Committee Laws, No. 3660;
Discussion and adoption on February 7, 2007.
